Corporate and Business Law

Jul 8th, 2015
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Criminal law relates to conduct which the State considers with disapproval and which it seeks to control. Criminal law involves the enforcement of particular forms of behaviour, and the State, as the representative of society, acts positively to ensure compliance.

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AnswersFundamentals Level Skills Module, Paper F4 (ENG)Corporate and Business Law (English)1(a)June 2011 AnswersCriminal law relates to conduct which the State considers with disapproval and which it seeks to control. Criminal law involvesthe enforcement of particular forms of behaviour, and the State, as the representative of society, acts positively to ensurecompliance. Thus, criminal cases are brought by the State in the name of the Crown and cases are reported in the form ofRegina v (Regina is simply Latin for queen and case references are usually abbreviated to R v ...). In criminal law theprosecutor prosecutes a defendant (or the accused) and is required to prove that the defendant is guilty beyond reasonabledoubt. The Companies Act (CA) 2006 sets out many potential criminal offences, which may be committed by either thecompany itself, or its officers or other individuals. An example of this which may be cited is s.993, which relates to thecriminal offence of fraudulent trading and applies to any person, not just directors or members, who is knowingly a party tothe carrying on of a business with the intent to defraud creditors. The potential penalty on conviction is imprisonment for amaximum period of 10 years, or a fine or both.Civil law, on the other hand, is a form of private law and involves the relationships between individual citizens. It is the legalmechanism through which individuals can assert claims against others and

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